Introduction to Consent

Question 1

What are the 3 elements of valid consent?

Answer 1

1. Information
2. Voluntariness
3. Capacity

Question 2

Which court case is important when thinking about relaying the appropriate information about a procedure / treatment to a patient?

Answer 2

Montgomery v Lanarkshire Health Board [2015]

Question 3

What are the elements of capacity?

Answer 3

1. Understand the information given
2. Retain the information long enough to make the decision
3. Weigh up the information as part of the decision-making process
4. Communicate their decision (by any means)

Question 4

List 3 threats to the information element of consent.

Answer 4

1. Lack of information to give
2. Time pressure
3. Language barriers

Question 5

List a threat to the voluntariness element of consent.

Answer 5

Presence of coercive forces / people

Question 6

List 3 threats to the capacity element of consent.

Answer 6

1. Unconsciousness
2. Inebriation
3. Pain

Question 7

In regards to consent, what does the doctrine of necessity state in emergency situations?

Answer 7

You can treat a patient without consent (if they are unable to consent), provided treatment is immediately necessary to save life or prevent serious deterioration